Pursuant to Section 3 of the Organic Act of Guam, the Government of Guam hereby waives immunity from suit, but only as hereinafter provided: (a) for all expenses incurred in reliance upon a contract to which the Government of Guam is a party, but if the contract has been substantially completed, expectation damages may be awarded; (b) for claims in tort, arising from the negligent acts of its employees acting for and at the direction of the government of Guam, even though occurring in an activity to which private persons do not engage. For the purposes of this chapter, any officer or enlisted person of the Guam National Guard on territorial duty or any nursing student acting for and at the direction of the University of Guam or of the Guam Community College shall be deemed an employee of the government. (c) The Government of Guam shall not be liable for claims arising from an exercise of discretion in making policy.
SOURCE: GC § 6500.01 as amended by P.L. 14-050. Subsection (b) amended by P.L. 16-018 (June 5, 1981). Added by P.L. 17-029:1 (Nov. 9, 1983) as GC § 6500.04. Subsection (b) amended by P.L. 21-137:1 (Sept. 29, 1992). Codified as 5 GCA § 6105. CROSS-REFERENCES: See 9 GCA § 80.93 for a declaration of absolute immunity from claims by persons who are serving in a community service program as a part of a criminal sentence. COMMENT: Again, this Section is continued from prior law, but the source of its authority, the Organic Act, is emphasized. Some suits have, unsuccessfully, tried to challenge this law on the basis of various state court rulings. However, those states do not have the constitutional equivalent of § 3 of the Organic Act. This Section emphasizes the law for clarity. It cannot create or amend the Organic Act.